Supreme Court To Take Up 1st Major Gun Rights Case In More Than A Decade

[libertybele]

Any bets on this?  Will they rule in favor of the Constitution or will they fold due to mob rule and the recent shootings??  This is very important and I pray that they rule to respect and honor our rights under the 2A.  If I recall the state of NY sued the NRA trying to bankrupt them, so I don't think they have the clout nor the $$ to assist here.

Supreme Court To Take Up 1st Major Gun Rights Case In More Than A Decade

In a major foray into gun rights, the Supreme Court on Monday agreed to take up a lower court ruling that upheld New York's restrictive gun-permit law.

At issue in the case, NY State Rifle & Pistol Assoc. v. Corlett, is how much the Second Amendment protects the right of individuals to carry concealed weapons outside their home for self-defense. The case will likely be argued in the fall.

The court's decision follows mass shootings in recent weeks in Indiana, Georgia, Colorado and California, and a surge in firearms sales, particularly to first-time gun buyers.
1st-Time Gun Buyers Help Push Record U.S. Gun Sales Amid String Of Mass Shootings
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1st-Time Gun Buyers Help Push Record U.S. Gun Sales Amid String Of Mass Shootings

While most states permit gun owners to carry their firearms when they go out, New York and seven other states — California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island — have some restrictions.

In 2008 and 2010, the high court overturned handgun bans in Washington, D.C., and Chicago, respectively, in a pair of landmark cases that redefined gun rights in the United States.

In those cases, a sharply divided court ruled that the Second Amendment right to bear arms is an individual right, not one associated with the militia, as the court had previously implied. Those decisions marked a huge victory for the National Rifle Association and other gun rights organizations................

https://www.npr.org/2021/04/26/990846329/supreme-court-to-take-up-first-major-gun-rights-case-in-more-than-a-decade

[Elderberry]

Court to take up major gun-rights case

SCOTUSblog by Amy Howe 4/26/2021

https://www.scotusblog.com/2021/04/court-to-take-up-major-gun-rights-case/

Over a decade after it ruled that the Second Amendment protects the right to have a handgun in the home for self-defense, the Supreme Court agreed on Monday to decide whether the Constitution also protects the right to carry a gun outside the home. The justices’ announcement that they will take up a challenge to a New York law that requires anyone who wants to carry a gun in the state to show a good reason for doing so sets the stage for a major ruling on gun rights in the court’s 2021-22 term.

The law at issue in the case, New York Rifle & Pistol Association v. Corlett, is similar to gun-control measures in other states. To receive an unrestricted license to carry a concealed firearm outside the home, a person must show “proper cause” – meaning a special need for self-protection. Two men challenged the law after New York rejected their concealed-carry applications, and they are backed by a gun-rights advocacy group. The U.S. Court of Appeals for the 2nd Circuit upheld the law, prompting the challengers to appeal to the Supreme Court.

After considering the case at three conferences, the justices agreed to weigh in. They instructed the parties to brief a slightly narrower question than the challengers had asked them to decide, limiting the issue to whether the state’s denial of the individuals’ applications to carry a gun outside the home for self-defense violated the Second Amendment. But the case nonetheless has the potential to be a landmark ruling. It will be argued in the fall, with a decision expected sometime next year.

More at link.

[Elderberry]

NYSRPA v. Corlett: New York Right to Carry Outside the Home

Firearms Policy Coalition Friday, January 22, 2021

Last we checked, the Second Amendment doesn’t limit the right to bear arms to a few select locations. Yet courts across the country have had trouble deciding where the right applies. The Firearms Policy Coalition is helping to fix the problem.

Recently, the FPC legal team filed an amicus brief in New York State Rifle and Pistol Association v. Corlett, asking the Supreme Court to hear a challenge to the State of New York’s oppressive restrictions on carrying firearms outside the home. New York law requires an individual to obtain a license before carrying outside the home. But as many New York residents can attest, this isn’t like getting a driver's license. In order to acquire a license, a resident must show they have a special need to carry a firearm. And it isn’t enough to show a desire to protect one’s self, family, or community. Instead, the need must be distinguishable from such common desires. In short, ordinary citizens are excluded.

What follows is a short rundown of the substance of the FPC brief that will help lawful firearms owners better understand the stakes. The brief was authored by FPC’s Director of Constitutional Studies, Joseph Greenlee, and is the second brief FPC has filed with the Supreme Court in the last week.   

----

•   A Universe of Issues

Whether Second Amendment protections extend beyond the home is not the only issue the FPC brief addresses. Indeed, an entire universe of issues has sprung from the Supreme Court’s unwillingness to define Second Amendment protections. To name a few:

•   Can adults be denied the right to bear arms based on their age?

•   Can a state deny nonresidents from owning a gun?

•   Can firearms be prohibited in areas surrounding “sensitive spaces”?

•   Can criminal activity be inferred merely from carrying a firearm in public?

All these issues and many more have perplexed lower courts. A solution to these issues will depend on how the Supreme Court defines the right to keep and bear arms. The FPC brief urges the Court to better define the right to keep and bear arms, to resolve these splits amongst the circuits and protect the fundamental rights of law-abiding citizens.

More at link

[libertybele]

The Supreme Court will hear a major Second Amendment case that could gut US gun laws

The Supreme Court could make the NRA’s dreams come true.

https://www.vox.com/2021/4/26/22364154/supreme-court-guns-second-amendment-new-york-state-rifle-corlett-shootings-kavanaugh-barrett

[rustynail]

This likely will not go our way.  And then what?

[Elderberry]

This likely will not go our way.  And then what?

The NY Law will stand and other states will try to pass similar laws in their states.

[libertybele]

This likely will not go our way.  And then what?

Then we're sunk for good.

[Elderberry]

You ever get tired of being a defeatist?

[libertybele]

You ever get tired of being a defeatist?

Actually, I never get tired of being a realist.

[Elderberry]

Actually, I never get tired of being a realist.

Only in your own mind.

[libertybele]

Only in your own mind.

There's no reason for the snark ...go ahead and put me on ignore. 

[mountaineer]

https://www.facebook.com/Sportsmans-Trading-Post-207305595948329/